Terms of Use
RENTQUI TERMS AND CONDITIONS OF SERVICE, AGREEMENT TO ARBITRATE DISPUTES, AND EXPRESS WRITTEN CONSENT TO RECEIVE COMMUNICATIONS
THESE TERMS CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND REQUIRE THAT CERTAIN DISPUTES BE RESOLVED THROUGH ARBITRATION INSTEAD OF A COURT TRIAL. FOR MORE INFORMATION SEE SECTION I BELOW.
Binding Agreement. Please read these Terms and Conditions of Service, Agreement to Arbitrate Disputes, and Express Written Consent to Receive Communications from Rentqui LLC. (“Agreement” or “Terms and Conditions”) carefully. These Terms and Conditions are a legally binding agreement between You and Rentqui LLC. (“Rentqui”), which is a Florida limited liability corporation that maintains its principal place of business in Miami, Florida.
Except where we’ve agreed otherwise elsewhere in this agreement, this agreement and any disputes covered by it are governed by federal law and the laws of the state encompassing the area code of your wireless phone number when you accepted this agreement, without regard to the conflicts of laws and rules of that state.
Acceptance of Terms and Conditions. Your acceptance of the Terms and Conditions in this Agreement occurs when you do the earliest of any of the following actions (i) receive notice or a copy of the Rentqui Terms and Conditions; (ii) give Rentqui a written or electronic signature, or tell Rentqui orally that You accept; (iii) use a Rentqui Product (“Product”) or Rentqui Service (“Service); (iv) activate or continue Service; (v) register Your Account with Rentqui; (vi) use Your Service after Your Service is activated; (vii) make any addition or change to Your Service; or (viii) pay for Your Service or any Product. For assistance or more information, please contact Rentqui at [email protected].
Rentqui reserves the right to change or modify any of these Terms and Conditions at any time. Any changes or modifications to these Terms and Conditions are effective and will be binding upon you when posted on our website at Rentqui.com. Because these Terms and Conditions are subject to change at any time, you should always check our website for the most current Terms and Conditions. Notwithstanding this provision, if we make any changes to the dispute resolution provision of this Agreement, such changes will not affect the resolution of any disputes that arose before such change, unless you want them to apply to a pending dispute. For assistance or more information about your Rentqui Product or Service, please contact Rentqui at [email protected].
I. AGREEMENT TO ARBITRATE DISPUTES
Important Notice: Many customer concerns can be resolved quickly and to your satisfaction by contacting Rentqui at [email protected]. If we are unable to resolve your dispute, then you and we agree to resolve all disputes in arbitration or small claims court as described below.
YOU UNDERSTAND THAT BY THIS AGREEMENT YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY. WHILE THE PROCEDURES IN ARBITRATION MAY BE DIFFERENT, AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD, SUBJECT TO THE LIMITS ON ARBITRATOR AUTHORITY SET FORTH BELOW. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS’ FEES, AN ARBITRATOR CAN AWARD THEM TOO. THE SAME DEFENSES ARE ALSO AVAILABLE TO BOTH PARTIES AS WOULD BE AVAILABLE IN COURT INCLUDING ANY APPLICABLE STATUTE OF LIMITATIONS. WE ALSO BOTH AGREE THAT:
(1) THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR SMALL CLAIMS COURT CASES OR AS SPECIFICALLY NOTED BELOW, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT, INCLUDING THE VALIDITY, ENFORCEABILITY, OR SCOPE OF ANY PORTION OF THIS AGREEMENT (INCLUDING THE AGREEMENT TO ARBITRATE) EXCEPT AS NOTED BELOW, OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU RECEIVE FROM US, OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES, OR FROM OUR EFFORTS TO COLLECT AMOUNTS YOU MAY OWE US FOR SUCH PRODUCTS OR SERVICES, INCLUDING ANY DISPUTES YOU HAVE WITH OUR EMPLOYEES OR AGENTS, WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) AS EXPLAINED BELOW IN PARAGRAPH 2. YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU. THIS AGREEMENT TO ARBITRATE CONTINUES TO APPLY EVEN AFTER YOU HAVE STOPPED USING A RENTQUI PRODUCT OR SERVICE.
(2) UNLESS YOU AND RENTQUI AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS. AND THE AAA’S CONSUMER ARBITRATION RULES WILL APPLY. YOU CAN GET PROCEDURES, RULES AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG) OR FROM US. FOR CLAIMS OF $25,000 OR LESS, YOU CAN CHOOSE WHETHER YOU’D LIKE THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN PERSON OR BY PHONE. ALTERNATIVELY, FOR CLAIMS WITHIN THE JURISDICTIONAL LIMIT OF THE SMALL CLAIMS COURT IN THE STATE ENCOMPASSING YOUR BILLING ADDRESS, EITHER YOU OR RENTQUI CAN CHOOSE TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT INSTEAD OF PROCEEDING IN ARBITRATION; FURTHERMORE, IF THE CLAIMS IN ANY REQUEST OR DEMAND FOR ARBITRATION COULD HAVE BEEN BROUGHT IN SMALL CLAIMS COURT, THEN EITHER YOU OR RENTQUI MAY CHOOSE TO HAVE THE CLAIMS HEARD IN SMALL CLAIMS COURT, RATHER THAN IN ARBITRATION, AT ANY TIME BEFORE THE ARBITRATOR IS APPOINTED, BY NOTIFYING THE OTHER PARTY OF THAT CHOICE IN WRITING. IF THIS PROVISION OR THE LIMITATION ON BRINGING ACTIONS TO SMALL CLAIMS COURT IS FOUND TO BE INVALID, THEN THIS PROVISION SHALL BE SEVERABLE AND THE MATTER WILL PROCEED IN ARBITRATION; IN NO WAY WILL THIS PROVISION ALLOW FOR AN ACTION TO BE BROUGHT ON A CLASS OR COLLECTIVE BASIS.
(3) THIS AGREEMENT DOESN’T ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL OR GENERAL INJUNCTIVE RELIEF THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. ANY QUESTION REGARDING THE ENFORCEABILITY UNDER APPLICABLE LAW OR INTERPRETATION OF THIS PARAGRAPH SHALL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.
(4) IF EITHER OF US INTENDS TO SEEK ARBITRATION UNDER THIS AGREEMENT, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 60 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO RENTQUI SHOULD BE SENT TO: _____________________________________________________________________. THE NOTICE MUST INCLUDE ENOUGH INFORMATION TO ALLOW US TO IDENTIFY YOU AS WELL AS TO ASSESS AND ATTEMPT TO RESOLVE YOUR CLAIM, INCLUDING YOUR NAME, THE RENTQUI PRODUCT OR SERVICE AT ISSUE, A DESCRIPTION OF THE CLAIM, THE SPECIFIC FACTS SUPPORTING THE CLAIM, THE DAMAGES YOU CLAIM TO HAVE SUFFERED AND THE RELIEF YOU ARE SEEKING. THE NOTICE REQUIREMENT IS DESIGNED TO ALLOW RENTQUI TO MAKE A FAIR, FACT-BASED OFFER OF SETTLEMENT IF IT CHOOSES TO DO SO. YOU CANNOT PROCEED TO ARBITRATION UNLESS YOU PROVIDE THIS INFORMATION. YOU MAY CHOOSE TO BE REPRESENTED BY AN ATTORNEY OR OTHER PERSON AS PART OF THIS PROCESS, BUT IF YOU DO YOU MUST SUBMIT A LETTER OR THE FORM AVAILABLE AT:
AUTHORIZING US TO DISCUSS YOUR ACCOUNT INFORMATION WITH THIS ATTORNEY OR OTHER PERSON. THE SUFFICIENCY OF THIS NOTICE IS AN ISSUE TO BE DECIDED BY A COURT PRIOR TO THE FILING OF ANY DEMAND FOR ARBITRATION. IF YOU HAVE PROVIDED THIS INFORMATION AND WE ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN 60 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION. WE’LL REIMBURSE ANY FILING FEE THAT THE AAA CHARGES YOU FOR ARBITRATION OF THE DISPUTE AT THE CONCLUSION OF THE ARBITRATION IF YOU FULLY PARTICIPATE IN THE PROCEEDING. WE’LL ALSO PAY ANY ADMINISTRATIVE AND ARBITRATOR FEES CHARGED BY THE ARBITRATION TRIBUNAL. IF THE ARBITRATOR DETERMINES THAT YOUR CLAIM WAS FILED FOR PURPOSES OF HARASSMENT OR IS PATENTLY FRIVOLOUS, THE ARBITRATOR WILL REQUIRE YOU TO REIMBURSE RENTQUI FOR ANY FILING, ADMINISTRATIVE OR ARBITRATOR FEES ASSOCIATED WITH THE ARBITRATION.
(7) AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CAN’T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
(8) IF A COURT DETERMINES THAT THE PROHIBITION ON CLASS ARBITRATIONS OR THE LIMITS ON THE ARBITRATOR’S AUTHORITY SET FORTH IN SUBSECTION (3) CANNOT BE ENFORCED UNDER APPLICABLE LAW AS TO ALL OR PART OF A DISPUTE, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO THAT DISPUTE OR PART OF THE DISPUTE, WHICH MAY PROCEED IN COURT EITHER ONCE THE ARBITRATED MATTERS HAVE CONCLUDED OR SOONER IF THE COURT SO REQUIRES.
(9) IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND RENTQUI AGREE THAT, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THERE WILL NOT BE A JURY TRIAL. YOU AND RENTQUI UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
II. EXPRESS WRITTEN CONSENT TO RECEIVE COMMUNICATIONS FROM RENTQUI
By agreeing to these Terms and Conditions, you expressly consent to and authorize Rentqui and its affiliates, agents, and its third-party representatives to use written, electronic or verbal means to contact you for any reason, including regarding information about your Service, Service reminders, payment reminders, payment confirmations, renewal confirmations, and marketing of any kind, including offers, solicitations, and promotions. This consent includes but is not limited to contact by manual calling methods, prerecorded or artificial voice messages, text messages, push notifications, emails, and/or automatic telephone dialing systems. You agree that Rentqui and its affiliates, agents, and its third-party representatives may, now or in the future, use any email address or the telephone number that you are assigned for your Rentqui Service, to contact you for any reason, regardless of whether you incur charges as a result.
Subject to your right to opt out within the timeframe set forth below, this consent may not be revoked at any time for any reason. You have the right to opt out from receiving marketing communications from Rentqui within fourteen (14) days of acceptance of this Agreement. You may exercise this right to opt out by emailing us at [email protected]. Your e-mail to us must indicate your name, your phone number, and state that you are opting out from receiving marketing communications from Rentqui. Any opt out received after the opt out deadline will be invalid.
- Limitations of Use
The intellectual property rights, including copyright, in all material on this Site, including without limitation the text, data, articles, design, source code, software, photos, images and other information (collectively the “Content”), is held by Rentqui and is protected by U.S. and International laws and treaties. You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Rentqui. You acknowledge that the Content is and shall remain the property of Rentqui. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The unauthorized copying, displaying, publishing, or use of the Content on any other website or mobile app, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without Rentqui’s prior written approval. You also may not, without Rentqui’s express prior written permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any Content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, patent or other intellectual property laws.
You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute a violation of any applicable national, state, or local law, regulation, rule or ordinance or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Site, including but not limited to unauthorized entry into Rentqui’s systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. Rentqui makes no claims concerning whether the Content may be downloaded or is appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Your eligibility for particular products or services is subject to final determination by Rentqui.
Members of the Rentqui community must be U.S. residents that are 18 years of age or older. Children under the age of 18 are not eligible to participate in the offerings on this website. Not all applicants may qualify.
- Content and Use Restrictions
You agree not to post, upload, publish, display, transmit, share, store or otherwise make or attempt to make publicly available on the Site or on any other app, website, or in any email, blog, forum, medium or other communication of any kind, any private or personally identifiable information of any Rentqui member or other third party, including, without limitation, names, addresses, phone numbers, email addresses, Social Security numbers, driver’s license numbers, or bank account or credit card numbers, whether or not such private or personally identifiable information is displayed on or ascertainable from the Site, or is obtained or obtainable from sources unrelated to the Site. You agree to not to use the Site or any Content to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial or non-commercial solicitation or bulk communications of any kind to any Rentqui member or other third party.
- Trademarks
Rentqui® (including the Rentqui logo), and all related logos, trademarks, or service marks (collectively the “Rentqui Trademarks”) are the intellectual property of Rentqui. Other company, product, and service names and logos used and displayed on any Site may be trademarks or service marks owned by Rentqui or others. Nothing on any Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Rentqui Trademarks displayed on any Site, without Rentqui’s prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the Rentqui Trademarks unless in accordance with prior written authorization by Rentqui. Rentqui prohibits use of any of the Rentqui Trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance. For matters related to press, social media, and other types of publicity, please email [email protected]. Any questions concerning any Rentqui Trademarks, or whether any mark or logo is a Rentqui Trademark, should be referred to [email protected].
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- Third-Party Information Providers
As part of delivering the products and services on the Site, Rentqui works with certain third party providers who may directly or through access to other third-party sites provide Rentqui with a Registered User’s personal information (“Personal Information”) with such user’s permission (“Third Party Provider’’). By using certain services of Rentqui, if applicable, you authorize Rentqui and Third Party Provider to access third-party websites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant Rentqui and Third Party Provider a limited power of attorney, and you hereby appoint Rentqui and Third Party Provider as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party websites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN Rentqui OR THIRD PARTY PROVIDER ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY WEBSITES, Rentqui AND THIRD PARTY PROVIDER ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the service is not endorsed or sponsored by any third party account providers accessible through the Rentqui service unless otherwise stated by such third party account provider.
You understand and acknowledge that Rentqui is not required to confirm or review any Personal Information provided by Third Party Providers or third party sites in any way including, but not limited to, with regard to accuracy, timeliness, or non-infringement. Further, you understand and acknowledge that Rentqui does not control the delivery of Personal Information provided by Third Party Providers or third party websites, and as such, cannot be held responsible for technical and other problems which impact delivery, accuracy, timeliness, deletion or other issues with Personal Information.
- Links to Third-Party Sites
This Site may contain links to websites, applications, and/or services controlled, owned, and operated by third parties (the “Third-Party Websites”). Rentqui does not control and has no responsibility for the accuracy or availability of information provided on the Third-Party Websites. You acknowledge that use of any Third-Party Websites is governed by the terms of use for those Third-Party Websites, and not by this Agreement. Links to Third-Party Websites do not constitute an endorsement or recommendation by Rentqui of such Third-Party Websites or the content, products, advertising or other materials presented on such Third-Party Websites, but are only for your convenience and you access them at your own risk. Such Third-Party Websites may have a privacy policy different from that of Rentqui and the Third-Party Website may provide less security than a Rentqui Site. Rentqui is not responsible for the content of any Third-Party Website, nor does Rentqui make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any Third-Party Website, and Rentqui shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at any Third-Party Website.
- Accurate Information
You agree to provide true, accurate, current and complete information about yourself and your accounts (as applicable) and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
Behavioral Insights
From time to time, alone or in connection with a product or service, Rentqui may ask questions related to your behavior, personality, and other things related to how you think and feel. This information allows us to complete, in specific or in aggregate, psychological assessments. The assessment results and feedback are developed to meet professional standards and as such are subject to the limitations of psychological science. The information we collect from these assessments will be used to help us provide you more focused customer service, individualized web experiences, more accurate risk management and better financial education. Your assessment may use procedures that are not evident to you. Your feedback may differ from your own perceptions of yourself.
Rentqui may retain and use, subject to the terms of our Privacy Statement, information collected from you. Rentqui will not share information associated with you with any unaffiliated or non-contracted third parties unless Rentqui (i) has your permission; (ii) concludes that it is required by law or has a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of Rentqui, our users or the public; or (iii) provides such information in anonymous or aggregated form provided that such information is not identifiable of you.
You agree that Rentqui may identify you on the Site and in marketing materials to identify you as a user of the Site, and you hereby grant us a non-exclusive, royalty-free license to do so on our Site or in any media now or later developed in connection with any marketing, promotion or advertising of the Site. Rentqui will request your consent prior to identifying you specifically. However, we reserve the right to use the information provided to us in connection with your use of the Site and products or services of Rentqui, while not specifically identifying, in the manner described above.
If you provide suggestions, ideas, feedback, or recommendations to us regarding our Site, products or services (“Feedback”), we will be free to use, disclose, reproduce, license or otherwise distribute, and exploit such Feedback as we see fit, without any obligation or restriction of any kind to you.
- Your Content
In order to use certain products or services of the Site, you may provide data including, but not limited to, usernames and passwords. In addition, we welcome your comments and postings on the Site, where allowed. However, you agree to grant a worldwide, perpetual, fully transferable, non-revocable, royalty free, sub-licensable license for the unrestricted use of any comments, feedback, notes, messages, ideas, suggestions, materials, or other data (collectively, “User Content”) provided to Rentqui or Third Party Providers. Your submission of any such User Content shall constitute an assignment to Rentqui and associated Third Party Providers of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the User Content. Rentqui will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not provide any User Content that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
- Posting Requirements
As part of the Rentqui platform, you may have the ability to either submit or post User Content to Rentqui or on the Site. You understand and acknowledge Rentqui may use vendors or other third party providers to manage such User Content. As part of your ability to submit or post User Content to Rentqui or on the Site you agree to follow certain restrictions and regulations.
You represent and warrant that your User Content does not and will not infringe the rights of any third party, including without limitation any intellectual property rights, rights of publicity, rights of personality, rights of privacy, rights to payment of royalties, or any other rights of third parties or result in any tort, material injury, material damage or material harm to any third party. You acknowledge any User Content you post to a public portion of the Site will be accessible by other users of the Site. Further, you hereby grant each user of the Site an unfettered, nonexclusive right to access any of your posted User Content and utilize such User Content in any way permitted by the Site.
You represent that none of your User Content contains or links to any content, web page or site that contains any:
nudity, pornography, or other sexual or adult material;
hate propaganda or material that encourages or promotes illegal activity or violence; content that violates or infringes in any way upon the statutory, common law, or proprietary rights of others, including but not limited to copyrights,
trademark rights, patents, or any other third party intellectual property, contract, privacy, or publicity rights;
personal identifying information about any user of the Site without said user’s written permission;
material that promotes or utilizes software or services designed to deliver unsolicited email; material that violates any local, state, or national law, rule or regulation; viruses, Trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines; or misrepresentations or material that is threatening, abusive, harassing, defamatory, obscene, profane, indecent, or otherwise objectionable, offensive, or harmful, as determined at Rentqui’s sole discretion.
- Disclaimer and Limitation of Liability As to the Site
The Site is operated by Rentqui, on an “as is,” “as available” basis, without representations or warranties of any kind. To the full extent permitted by law, Rentqui disclaims any and all representations and warranties, express or implied, with respect to the Site and its contents, whether express, implied, or statutory, including, but not limited to, warranties of title, merchantability and fitness for a particular purpose or use.
Without limiting the foregoing, Rentqui does not represent or warrant that (i) the information on the Site is accurate, complete, reliable, useful, timely or current or that the Site will operate without interruption or error; or (ii) the Site, including the server that makes it available, are free of viruses or other harmful components, or that the Site or the technology that makes it available, are immune to hacker activity, electronic or non-electronic tampering, computer crime, or theft.
Rentqui does not endorse nor make any warranties or representations about the options or other service or data you may access, download or use as a result of the use of the information contained on the Site, or about any app, website, and/or service you may access through the Site.
Links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other app, website, and/or service. You acknowledge that Rentqui is not responsible for the operation of or content located on or through any such other app, website, and/or service.
Rentqui makes no representation that content provided on the Site is applicable or appropriate for use in locations outside of the United States.
Rentqui assumes no risk or responsibility for your use of any of the content provided on the Site.
- Financial Advice
Rentqui (through Rentqui products or services or otherwise) does NOT provide legal, tax, investment or insurance advice. Rentqui provides information you may use at your sole discretion in your financial goals and pursuits. You are solely responsible for making any financial decisions or implementing any financial strategy or plan. You should consider consulting your legal, financial, or a tax professional regarding your specific situation.
- Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER RENTQUI NOR ITS VENDORS, SUPPLIERS, OR LICENSORS SHALL BE LIABLE TO YOU OR ANY OTHER USER OF YOUR RENTQUI PRODUCT OR SERVICE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CLAIMED FOR LOST PROFITS, REVENUE, INCOME, SALES, BUSINESS, GOODWILL, DATA OR INFORMATION, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY AND REGARDLESS IF RENTQUI OR ITS RESPECTIVE VENDORS, SUPPLIERS, OR LICENSORS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN, TO THE EXTENT ALLOWED BY LAW, THE AGGREGATE LIABILITY OF RENTQUI UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100), AND SUCH LANGUAGE SHALL BE EXCLUDED TO THE EXTENT OF SUCH INVALIDITY OR UNENFORCEABILITY; ALL OTHER TERMS IN THIS AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.
- Indemnification
You agree to indemnify and hold harmless Rentqui and its parent, subsidiaries, affiliates, vendors, suppliers, and licensors and their former, current and future officers, directors, employees, insurers, contractors, successors and assigns (“Rentqui Indemnified Parties”) from any and all liabilities, penalties, claims, causes of action, and demands brought by a third party (“Claims”) including the costs, expenses, and attorneys’ fees on account thereof (“Costs”) arising from your use of a Rentqui Product or Service or your breach of this Agreement, whether based in contract or tort (including strict liability) and regardless of the form of action.
- Monitoring of the Site
Rentqui has no obligation to monitor the Site; however, you acknowledge and agree that Rentqui has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site.
- Availability
This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Content, no distribution or solicitation is made by Rentqui to any person to use the Site or Content in jurisdictions where the provision of the Site and/or Content is prohibited by law.
- Termination
This Agreement is effective until terminated by Rentqui. Rentqui may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, in Rentqui’s absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.
- No Waiver
Failure by Rentqui to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
- Amendment and Variation
These Terms may from time to time be updated or amended. We will post any such updates on the Rentqui App or Site. Such updated Terms as posted will take effect immediately unless otherwise indicated. You should regularly check the Rentqui App and Site to inform yourself of any such changes. In addition, we may at any time change, add or remove any feature or functionality of the Rentqui App without prior notice. By continuing to use the Rentqui App after any such changes have taken effect, you are indicating your acceptance of the updated or amended Terms as well as your acceptance of the updated Rentqui App. If you do not wish to be bound by any changes or amendments to these Terms then you should stop using the Rentqui App immediately.
- Transfer, Assignment or Delegation
These Terms, and any rights and obligations and licenses granted hereunder, are limited, revocable, non-exclusive and personal to you and therefore may not be transferred, assigned or delegated by you to any third party without our written consent, but may be transferred, assigned or delegated by us without notice and restriction, including without limitation to any of the entities within the Rentqui group, or to any successor in interest of any business associated with Rentqui. Any attempted transfer or assignment in violation hereof shall be null and void.
- Severability
If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. Such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any Applicable Laws.
- Entire Agreement/Translation
These Terms constitute the entire agreement between the parties with regard to its subject matter and supersedes and invalidates all other prior representations, arrangements, understandings, and agreements relating to the same subject matter, whether oral or in writing, express or implied. You acknowledge that in agreeing to these Terms you do not rely on any statement, representation, warranty or understanding other than those expressly set out in these Terms.
These Terms are concluded in the English language and all communications including any notices or information being transmitted shall be in English. In the event that these Terms or any part of it is translated (for any proceedings, for your convenience or otherwise) into any other language, the English language text of these Terms shall prevail.
- Waiver
These Terms shall not be waived in whole or in part except where agreed by all parties in writing.
The delay of enforcement or the non-enforcement of any of the provisions of these Terms by any party shall not be construed as a waiver of any of the other rights of that party arising out of the breach or any subsequent breach of any of these Terms and no right, power or remedy conferred upon or reserved for any party in these Terms is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.
- Third Party Rights
Other than any entities within the Rentqui group, a person who is not a party in these Terms has no right to enforce any of these Terms.